T 0913/05 of 30.10.2007
- European Case Law Identifier
- ECLI:EP:BA:2007:T091305.20071030
- Date of decision
- 30 October 2007
- Case number
- T 0913/05
- Petition for review of
- -
- Application number
- 97113399.6
- IPC class
- G06K 9/00
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Method and apparatus for discriminating and counting documents
- Applicant name
- CUMMINS-ALLISON CORPORATION
- Opponent name
- DE LA RUE INTERNATIONAL LIMITED
GIESECKE & DEVRIENT GmbH - Board
- 3.4.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(c) 1973European Patent Convention Art 123(2) 1973Rules of procedure of the Boards of Appeal Art 11(3)
- Keywords
- Added subject-matter (yes: all requests)
- Catchword
- By deleting all claims as granted of one category, restricting the defence of the patent to the subject-matter of a combination of granted claims of another category and relying on an alleged combinatory effect of the features of the thereby formed independent claim, the amendments made to the patent as granted have in substance created a fresh case which justifies examination as to whether the amended patent meets the requirements of the EPC (see point 2.1.1 of the Reasons).
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.